Tex. Code of Crim. Proc. Article 42A.407
Suspension of Driver’s License


(a)

A jury that recommends community supervision for a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver’s license issued to the defendant under Chapter 521 (Driver’s Licenses and Certificates), Transportation Code, not be suspended. This subsection does not apply to a defendant punished under Section 49.09 (Enhanced Offenses and Penalties)(a) or (b), Penal Code, and subject to Section 49.09 (Enhanced Offenses and Penalties)(h), Penal Code.

(b)

Notwithstanding Sections 521.344 (Suspension for Offenses Involving Intoxication)(d)-(i), Transportation Code, if under Article 42A.404 (Educational Program for Certain Repeat Intoxication Offenses; Waiver) the judge requires a defendant punished under Section 49.09 (Enhanced Offenses and Penalties), Penal Code, to successfully complete an educational program as a condition of community supervision, or waives the required completion of the program, and the defendant has previously been required to successfully complete such an educational program, or the required completion of the program had been waived, the judge shall order the suspension of the defendant’s driver’s license for a period determined by the judge according to the following schedule:

(1)

not less than 90 days or more than one year, if the defendant is convicted under Sections 49.04-49.08, Penal Code;

(2)

not less than 180 days or more than two years, if the defendant is punished under Section 49.09 (Enhanced Offenses and Penalties)(a) or (b), Penal Code; or

(3)

not less than one year or more than two years, if the defendant is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed.

(c)

If the Department of Public Safety receives notice that a defendant has been required to successfully complete a subsequent educational program under Article 42A.403 or 42A.404 (Educational Program for Certain Repeat Intoxication Offenses; Waiver), although the previously required completion had been waived, but the judge has not ordered a period of suspension, the department shall:

(1)

suspend the defendant’s driver’s license; or

(2)

issue an order prohibiting the defendant from obtaining a license for a period of one year.

(d)

The judge shall suspend the defendant’s driver’s license for a period provided under Subchapter O (Requirements for Automatic License Suspension), Chapter 521 (Driver’s Licenses and Certificates), Transportation Code, if:

(1)

a judge revokes the community supervision of the defendant for:

(A)

an offense under Section 49.04 (Driving While Intoxicated), Penal Code; or

(B)

an offense involving the operation of a motor vehicle under Section 49.07 (Intoxication Assault), Penal Code; and

(2)

the license has not previously been ordered by the judge to be suspended, or the suspension was previously probated.

(e)

The suspension of a defendant’s driver’s license under Subsection (d) shall be reported to the Department of Public Safety as provided under Section 521.347 (Reports; Recommended Suspension), Transportation Code.

(f)

Notwithstanding any other provision of this subchapter or other law, a judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04-49.08, Penal Code, shall order that the defendant’s driver’s license be suspended for 90 days beginning on the date the defendant is placed on community supervision.

(g)

Notwithstanding any other provision of this subchapter, a defendant whose license is suspended for an offense under Sections 49.04-49.08, Penal Code, may operate a motor vehicle during the period of suspension if the defendant:

(1)

obtains and uses an ignition interlock device as provided by Article 42A.408 (Use of Ignition Interlock Device) for the entire period of the suspension; and

(2)

applies for and receives an occupational driver’s license with an ignition interlock designation under Section 521.2465 (Restricted License), Transportation Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.017(a), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 9, eff. September 1, 2021.

Source: Article 42A.407 — Suspension of Driver's License, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­407 (accessed Feb. 24, 2024).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.059
Placement on Community Supervision Prohibited for Certain Offenses Involving Illegal Entry into This State
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Feb. 24, 2024

Art. 42A.407’s source at texas​.gov